STATE OF GUJARAT Vs. THAKORE JOITAJI KANAJI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 20.07.2004 rendered by the learned Additional Sessions Judge, 6th Fast Track Court, Mahesana, in Sessions Case No.128 of 2001. The said case was registered against the present respondentsoriginal accused for the offences punishable under Sections323, 328, 447, 504 and 34 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, on 18.04.2001 when the complainant was working in her vada, the respondentsaccused illegally entered in the vada of the complainant and raised dispute with regard to grass/cattle food and asked the complainant that why they were giving filthy abuses to us and thereby illegally entering into the vada of the complainant and committed an offence. It is further the case of the prosecution that due to aforesaid dispute, quarrel took place and during the said quarrel, accused No.2 caught hold of the complainant and accused No.1 brought poisonous bottle from his house and forcefully poured in the mouth of the complainant with an intention to end her life. Further, at same date, place and time, the respondentsaccused with clear intention to fulfill their motive gave kick and fist blows to the complainant and thereby committed offene under Sections 328, 323, 504, 447 and 34 of the IPC. As a result of which, the complaint was filed by the complainant before the Mehsana Taluka Police Station, which was registered as C.R.No.187 of 2001. Then, investigation was carried out and statements of the witnesses were recorded. Panchnama of place of offence was drawn. Panchnama of physical condition of the complainant was drawn. Then, injured complainant obtained treatment in the Civil Hospital, Mehsana and certificate from the doctor was also obtained. Then, recovered muddamal was sent to FSL. Then, chargesheet was filed against the respondentsaccused before the learned Judicial Magistrate Fist Class, Mehsana. As the said offences were exclusively triable by the Sessions Court, learned Chief Judicial Magistrate, Mehsana, committed the said case to the learned Additional Sessions Judge, 6th Fast Track Court, Mahesana, which was numbered as Sessions Case No.128 of 2001.

(3.) ON the basis of above allegations, charge was framed vide Exh.7 and readover and explained to the accused for the offence punishable under Sections 328, 323, 504, 447 and 34 of the IPC of the Indian Penal Code. Then, plea was recorded vide Exh.8 and 9 and respondentsaccused pleaded not guilty to the charge and claimed to be tried. In support of the prosecution case, prosecution has examined four oral evidences :